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Sep 23, 2024 · Case law is law based on judicial decisions. This guide cites resources for locating and identifying judicial decisions from the U.S. courts using primary and secondary sources of case law.
Feb 8, 2022 · This Survey covers cases decided by American state and federal appellate courts during 2021 and posted on Westlaw by December 31, 2021. Of the cases that meet these parameters, the Survey focuses on those cases that may contribute something new to the development or understanding of conflicts law—and in particular choice of law.
Sep 23, 2024 · Case law is law based on judicial decisions. This guide cites resources for locating and identifying judicial decisions from the U.S. courts using primary and secondary sources of case law.
Aug 3, 2021 · The Supreme Court has issued rulings in 2021 that have touched on nearly every issue of life, including the right to privacy for donors to charities, voting rights, criminal justice, text...
- Introduction
- The Possibility of The Null Model
- The Rule of Law
- A Fresh Start
- Two Modes of PRECEDENTIAL Reasoning
- Evaluating The Modes
- Conclusion
Many of our normative practices are influenced by the force that past decisions exert on similar, future situations, in favour of reaching the same result as before. We normally call these past decisions precedents, and when it comes to the law we often say that precedents influence the decisions of courts when relevantly similar disputes arise. Bu...
Justice and courts have always had a complex relationship. John Gardner wrote that ‘judges should first and foremost administer justice’,9 and before him HLA Hart held that we naturally think of justice as being administered according to law.10 This complex relation has contributed to the way we have historically called courts, shifting between cou...
Many ideas are usually associated with the expression ‘the rule of law’. It is often said, for example, that the rule of law is first and foremost a requirement of good governance. People exercising positions of political authority should be subject to mandatory rules aiming to minimise the potential for arbitrary government and even tyranny.21 The...
Having argued against the null model, it is time to propose a fresh start. Unlike before, where I proceeded bottom-up,46this time I will proceed top-down. I will start from the rule of law and then articulate two modes of precedential reasoning that are consistent with this ideal. The argument in this section is as follows. The first subsection arg...
Commitment to the rule of law can make room for courts to adjudicate under robust precedent-following. Thus, the mere fact that an earlier court decided a dispute is a reason for the later court to follow this decision in a relevantly similar dispute. Under the strong version, the existence of a precedent-governed dispute triggers a non-contingent ...
In this final section, I want to analyse how both modes of precedential reasoning deal with two evaluative questions. The purpose of this analysis is to offer someof the tools that are vital for determining whether there is a model that should be preferred, and eventually for criticising the particular practice of precedents held by courts.
There is a minimum requirement of the rule of law in regard to precedent, and I have called it the persuasive mode of precedential reasoning. The null model, however lawful, runs counter to the rule of law. Yet the question still remains open as to which of the two modes that are compatible with the rule of law should be preferred. I do not think t...
Case law is law that is based on judicial decisions rather than law based on constitutions, statutes, or regulations. Case law concerns unique disputes resolved by courts using the concrete facts of a case. By contrast, statutes and regulations are written abstractly.
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Discusses the culture of legal education and legal practice in the U.S, explains the U.S. legal system and procedure, summarizes common areas of U.S. law, and has an appendix on how to reading case law and statutes.
